Kilday v. Schancupp
Supreme Court of Connecticut
Action for the specific performance of an agreement to purchase real estate and for damages for a breach of the agreement, brought to and tried by the Superior Court in New Haven County, Burpee, J.; facts found and judgment rendered for the plaintiff for $300, and appeal by the defendant.
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Action for the specific performance of an agreement to purchase real estate and for damages for a breach of the agreement, brought to and tried by the Superior Court in New Haven County, Burpee, J.; facts found and judgment rendered for the plaintiff for $300, and appeal by the defendant. On August 5th, 1914, the plaintiff orally agreed to sell the defendant the two lots 38 and 40 Emmett Avenue in Derby, Connecticut, for $4,350, payable $50 in cash, the assumption of a mortgage for $2,000 upon the property, and a note for $1,500 secured by a second mortgage on the property, and the balance in…
1Opinion of the CourtWheeler, J.
The trial court held that there was no sufficient memorandum in writing to support a decree for specific performance, but that the plaintiff was entitled to a judgment for damages based upon the agreement for the sale of land.
General Statutes, § 1089, provides that “no civil action shall be maintained . . . upon any agreement for the sale of real estate, or any interest in or concern ing it, . . . unless such agreement, or some memorandum thereof, be made in writing, and signed by the party to be charged therewith, or his agent.” We have said that our statute does not make agreements not made…
2Cases cited12 opinions
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Drury v. YoungCourt of Appeals of Maryland · 1882
- Hodges v. KowingSupreme Court of Connecticut · 1889
- Shelinsky v. FosterSupreme Court of Connecticut · 1913
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- DeLuca v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1978
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Burns v. GareySupreme Court of Connecticut · 1924
- King v. StephensSupreme Court of Kansas · 1923
- Stagg v. LawtonSupreme Court of Connecticut · 1946
21 more not listed; retrieve them via the Exa API.